Pigeon River dam plan still in limbo

GAYLORD — More than a year after it was signed, the intent of an interim order calling for removal of the Pigeon River dam at Song of the Morning Ranch in Corwith Township is still being deliberated.

The order, signed April 2010, stated ranch owners Golden Lotus “shall remove the private dam it owns and maintains on its property creating the impoundment on the Pigeon River.”

It goes on to state that “upon removal of the dam structure, Golden Lotus will be allowed the continued use of the existing bridge or, if in the opinion of a Golden Lotus engineer, due to structural concerns with the existing bridge structure, a replacement bridge crossing.”

The bridge spans the dam and is the access to the ranch from Sturgeon Valley Road.

When the interim order was signed, the Department of Natural Resources and Environment (now DNR) was the plaintiff, and Golden Lotus Inc. was the defendant, with the Michigan Chapter of Trout Unlimited (TU) and Pigeon River Country Association (PRCA) sided with the DNR. Now, a motion has been filed by TU and PRCA against the DNR and Golden Lotus, seeking a ruling on the intent of the order — specifically on the meaning of “dam removal.”

The hearing came nearly three years after a release of water and sediment from the impoundment in June 2008 caused a massive fish kill on the Pigeon River. DNR estimates placed the mortality of yearling and older brook and brown trout as high as 97 percent along some stretches downstream of the dam.

How the sides see it

TU and PRCA argue “dam removal” means gradual draining of the impoundment and complete removal of the gates, spillway and concrete abutments. They argue any abutments or spillway left in the river to support the existing bridge will cause river flows that are too fast for passage of fish and endanger canoeists and wading anglers.

“The objective is the removal of the dam,” Gustafson said. “Any reconstruction of a new bridge is the burden Golden Lotus took when they signed the settlement.”

Golden Lotus and the DNR, on the other hand, propose a two-phase approach to dam removal. Phase 1 would involve drainage of the impoundment and removal of the dam’s gates and power-generating equipment, thus eliminating fluctuation in river flows and water temperatures and, ultimately, any chance of another fish kill.

In Phase 2, Golden Lotus would seek outside funding to aid in removal of the remaining concrete structures and replacement of the bridge.

“It was clearly the intent for the ranch to maintain the bridge,” Stevenson said.

“The state, with whom we were bitter adversaries right up to mediation, agrees with the intent of the interim order,” Schlecte said.

Estimates place cost of drawdown of the impoundment and removal of the dam gates at around $50,000. According to Schlecte, cost of complete removal and reconstruction of a new bridge, could top $1 million.